Op-Ed

在競爭法的立法過程中，如何保障中小企一直是主要課題。2010 年中推出《競爭條例草案》至今，經過多次會議討論和審議，仍未完全解決的，依然是涉及中小企的問題。

《競爭條例草案》最終能否通過，很大程度上將視乎政府能否釋除中小企業的疑慮。支持競爭法的理據之一，是認為競爭法可確保市場有充分競爭，特別是保障中小企。但現在香港的中小企最反對立法，是否代表草案有問題？或是香港的情況特殊？這些問題， 值得政府和支持條例草案的人士深思。

立法會審議《競爭條例草案》的法案小組審議進度非常緩慢，一度幾乎陷於膠着。議員和官員在多個基本問題上仍存在分歧。為增取更多支持，最近官員開始到區議會推介草案。無獨有偶，一群香港與海外的學者聯署信件，力證草案適合香港。

In light of a near stalemate in the legislature over the proposed Competition Bill, the government has stepped up its efforts to promote it. But the support of officials and academics for the bill as it is currently drafted ignores the real issue, which is not about whether Hong Kong should have a competition law, but what kind of competition law.

As legislators start scrutinising the competition bill, the fundamental questions of what kind of competition regime Hong Kong wants, and needs, have been raised once again. Until the bill was presented to the Legislative Council, many had been led to believe that it would be about weeding out hard-core anti-competitive behaviour, such as price-fixing, bid-rigging and market-sharing.

The government's announcement last week to delay the competition bill is the right move. It will give officials time to focus on the important and substantial technical, legal and policy matters that have to be addressed as soon as possible. Clarity is needed. The operations of businesses and markets are complex. This is the first time many businesses in Hong Kong will be operating under the provisions of a fair-competition law, and getting it right needs to be a priority.